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Wills, Trusts & Estates

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Wednesday, March 24, 2021 @ 1:23 PM

Access to (In)justice: A critical race reflection | Joshua Sealy-Harrington

It is a privilege to be invited by the Right Honourable Beverley McLachlin to write the second guest column in her The Lawyer’s Daily series on access to justice. In the first guest column (by Justice Michelle O'Bonsawin), the former chief justice of Canada indicated that her hope for such columns was to widen perspectives on access to justice. With that in mind, I want to briefly explore how the dominant individualistic paradigm of access to justice is flawed, and how we must shift to a systemic paradigm for meaningful access to justice in Canada to be realized. ... [read more]

Wednesday, March 24, 2021 @ 8:43 AM

Gifts to adult children: Presumption of resulting trust Adult handing a key to a child

Adding a child on title to a property or as a joint account holder on a bank account is a common estate planning tool used by many with the goal and intention of hoping to avoid the delay in the administration of estates as a result of probate and also the estate administration taxes that arise when submitting an application for a certificate of appointment of estate trustee. ... [read more]

Wednesday, March 24, 2021 @ 7:59 AM

Attorney general says Ontario moving forward with modernization agenda for justice system Ontario Attorney General Doug Downey

Ontario Attorney General Doug Downey says increasing the number of judicial candidates the attorney general can choose from will help modernize the province’s judicial selection process and is the reason why the government is legislating that change. ... [read more]

Tuesday, March 23, 2021 @ 11:50 AM

Responding to improved pandemic scams Phone with COVID scam symbol

Recently, we published a piece about common COVID-19 scams and how to reduce one’s risk of being a victim of fraudsters. In the below article, we list and describe some other scams. We also provide useful advice about how to combat fraud. ... [read more]

Tuesday, March 23, 2021 @ 9:17 AM

Gavel game: Small but real differences between Canadian, U.S. legal systems Gavel on red law book

We call it the “Gavel Game.” Try this at home, or wherever else COVID-19 allows you to roam with others. Ask any Canadian whether they believe our judges use gavels in their courtrooms. Litigators know that the answer is no, but almost everyone else will get it wrong, including non-litigator lawyers (as we learned when we recently gavel gamed a veteran Toronto securities lawyer). ... [read more]

Monday, March 22, 2021 @ 8:51 AM

Your client’s web domains: The mysteries of hosting Shopping cart full of web domains

Part two in this series covered the financial and brand value of web domains, the purpose of web domains and domain registration. This, the third in a four-part series, covers web domain hosting, the geographic location of registrars and hosting companies and who in the client’s sphere is in control of the domains, particularly in the case of charitable and non-profit organizations. ... [read more]

Friday, March 19, 2021 @ 3:10 PM

Constitutional challenge to MAiD regime likely as Parliament endorses change Trudo Lemmens, Scholl Chair in Health Law and Policy at the University of Toronto

One battle is done but the larger conflict over medical assistance in dying (MAiD) in Canada looks far from over, with legal observers saying recently enacted changes to the regime are discriminatory against people with disabilities and an advocacy group pledging to take the government to court. ... [read more]

Friday, March 19, 2021 @ 11:17 AM

New, improved pandemic scams Phone with COVID scam symbol

While the COVID-19 pandemic has led to many changes, it, unfortunately, has not changed some things. One such thing is the presence of fraud and scams. Fraudsters and scam artists do not take a vacation during economic downturns. They actually become more active. Since March 2020, there have been more than 10,000 Canadian reports of fraud and Canadians have lost $7 million to fraud. Some scam artists have “cashed in” on COVID-19 and created scams specific to COVID-19. ... [read more]

Friday, March 19, 2021 @ 8:34 AM

Power of pixie dust: Accessing justice one year later | Bo Kruk

Just over a year ago, the world fundamentally changed. Overnight, bustling downtowns resembled scenes from films like 28 Days Later. Schools closed as learning shifted online, working from home became commonplace, and the courts restricted matters to only those that were urgent. Gradually, we started to adapt to this new reality and its increased digital presence. These adjustments have spurred positive changes while others have created new challenges. Throughout this shift in our collective lifestyles, the wheels of the legal machine never stopped. ... [read more]

Thursday, March 18, 2021 @ 11:44 AM

Women in law: Where are we now? | Jasmine Daya

On March 8, we celebrated International Women’s Day to commemorate women’s achievements. Over the years, I have become more appreciative of this day, perhaps as I gain a better understanding of what it means to be a lawyer, wife and mother, among my many other roles. This year, I fear my gender has regressed within the practice of law. ... [read more]